People ex rel. H. D. H. Realty Corp. v. Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William J. Murphy, as clerk, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of October, 1920, granting a peremptory writ of mandamus directing him to sign and issue a warrant upon a final order made on September 16, 1920, by the Municipal Court, Fourth District, Borough of Manhattan, in a summary proceeding duly instituted in that court by the…
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Appeal by the defendant, William J. Murphy, as clerk, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of October, 1920, granting a peremptory writ of mandamus directing him to sign and issue a warrant upon a final order made on September 16, 1920, by the Municipal Court, Fourth District, Borough of Manhattan, in a summary proceeding duly instituted in that court by the petitioner herein, as landlord, against George S. Chaims, as tenant, awarding to the landlord the delivery of the possession…
1Opinion of the Court
Laughlin, J.:
The appellant predicates his claim for a reversal on the construction of chapter 942 of the Laws of 1920, which took effect on the twenty-seventh day of September; and the-respondent claims that a proper construction of the statute requires an affirmance, but if not, then the statute, in so far as it purports to deprive the landlord of the right to the dispossess warrant, is unconstitutional. The statute was enacted at an extraordinary session of the Legislature duly convened by the Governor on the 20th day of September, 1920.
*533The appellant contends that the dispossess proceeding…
2Cases cited17 opinions
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Reich v. . CochranNew York Court of Appeals · 1896
- Gilman v. . TuckerNew York Court of Appeals · 1891
- Hoffman v. Charlestown Five Cents Savings BankMassachusetts Supreme Judicial Court · 1918
- Wegman v. . ChildsNew York Court of Appeals · 1869
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3Cited by11 opinions
- Whitmarsh v. FarnellNew York Court of Appeals · 1949
- Whitmarsh v. FarnellAppellate Division of the Supreme Court of the State of New York · 1948
- Cohen v. StarkeAppellate Division of the Supreme Court of the State of New York · 1945
- Lipkis v. PikusCivil Court of the City of New York · 1983
- Cohen v. ReckseitCity of New York Municipal Court · 1945
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